Section 650. Violations and penalties  


Latest version.
  • 1.  Any  person  who  violates or
      participates in the violation of any provisions of this article, or  who
      knowingly  makes  any  incorrect  statement  of  a  material fact in any
      application, report or statement made pursuant to this article,  or  who
      knowingly  omits  to  state  any  material  fact  necessary  to give the
      superintendent any information lawfully required by him  or  refuses  to
      permit any lawful investigation by the superintendent shall be guilty of
      a  misdemeanor  and,  upon conviction, shall be fined not more than five
      hundred dollars or imprisoned for not more than six months or  both,  in
      the discretion of the court.
        2.  a.  Any person who either (1) engages in the business of receiving
      money for transmission or transmitting the same or (2) sells  or  issues
      New  York  instruments  or New York traveler's checks as those terms are
      defined by section six hundred fifty-three of this  chapter,  without  a
      license  therefor  obtained  from the superintendent as provided in this
      article, shall be guilty of a Class A misdemeanor.
        b. Any person who violates paragraph a of this subdivision and in  the
      course of that violation:
        (1)  knowingly receives or agrees to receive for transmission from one
      or more individuals a total of ten thousand dollars or more in a  single
      transaction,  a  total  of twenty-five thousand dollars or more during a
      period of thirty days or less, or a total of two hundred fifty  thousand
      dollars or more during a period of one year or less; or
        (2)  knowingly  sells  or  issues  New  York  instruments  or New York
      traveler's checks to one  or  more  individuals  totaling  ten  thousand
      dollars or more in a single transaction, a total of twenty-five thousand
      dollars  or  more  during a period of thirty days or less, or a total of
      two hundred fifty thousand dollars or more during a period of  one  year
      or less; or
        (3)   knowingly  engages  in  the  business  of  receiving  money  for
      transmitting or transmitting the same, knowing  such  money  to  be  the
      proceeds of any criminal conduct; or
        (4)  knowingly  sells  or  issues  New  York  instruments  or New York
      traveler's checks as those terms are  defined  by  section  six  hundred
      fifty-three  of  this  chapter, knowing such instruments or checks to be
      purchased with the proceeds of or derived  from  any  criminal  conduct;
      shall be guilty of a class E felony.
        3.  Any  licensee  who  fails  to  make  any  report  required  by the
      superintendent pursuant to this article, on or before the day designated
      for the making thereof, or  fails  to  include  therein  any  prescribed
      matter, shall forfeit to the people of the state an amount as determined
      pursuant to section forty-four-a of this chapter for every day that such
      report  shall  be  delayed  or withheld, and for every day that it shall
      fail to report any such omitted matter, unless the superintendent shall,
      in his or her sole discretion, for good cause shown, reduce  the  amount
      to be forfeited, or unless the time therefor shall have been extended by
      the superintendent, as provided in subdivision four of this section.
        4.  The  superintendent  may extend, for a period not exceeding ninety
      days, the time within which a licensee is required to  make  any  report
      required by the superintendent pursuant to this article.